Procurement law

Procurement law

Croon lawyers cover all facets of European and Dutch procurement law. In addition to a comprehensive consultancy and litigation practice, Croon lawyers are particularly active in setting up and guiding tendering procedures.

Government authorities are often obliged to market their contracts via tendering procedures. Other parties are not obliged, but may do so. Market participants who are interested in these contracts will therefore be affected by procurement law. It applies to all types of contracts and projects. Our broad experience includes the following areas:

  • Works: new construction or building renovations, the construction of (underground) railway infrastructure and tram lines, tunnels and roads, installations and wind farms;
  • Supplies: computers, multimedia screens, medical devices, trams and underground trains, bullet-proof vests;
  • Services: healthcare, cleaning services, removal services, catering services, processes for development and selection, secondment, gardening, waste, facility services, salvaging, architects services and engineering services.

 

Tendering disputes

Sadly, tendering processes can easily lead to proceedings in court. In these, Croon lawyers can represent both tenderers and contracting entities.

Disputes can arise over a wide range of issues. These may concern eligibility requirements, such as (safety) certificates or references, unusually low bids, the assessment of qualitative award criteria or the reasoning for an award decision.

Are you participating in a tender process (a tenderer) but do you have doubts about a decision made by the contracting entity? Are you a contracting entity in receipt of a summons, wondering how strong your position is? Croon will conduct a quick scan, free of charge. As a result, parties will quickly know whether it makes sense to pursue the matter in court or to take alternative action.

 

Setting up and guiding tendering procedures

Choosing the type of tendering procedure and determining the selection and award criteria that should be applied often calls for a bespoke approach that can vary significantly, depending on the project.

Will you opt for a non-public tendering procedure to limit the number of tenderers or an innovation partnership in order to achieve an innovative solution? Competitive dialogue makes it possible for the contracting entity to work with the market during the procurement procedure to determine which solution best meets their specific needs.

We have extensive experience in instigating and supporting of the various European and Dutch procurement procedures.

 

Advising

Croon lawyers can advise on all kinds of different questions.

These may be questions from the contracting entity when setting up a tendering procedure:

  • When is tendering mandatory?
  • Which tendering procedure is most suitable?
  • What time limits or deadlines apply?
  • Is this an exceptional case in which specific time limits or stipulations are not applicable?
  • What information should be provided to tenderers?

 

When the tender has been issued/published, questions can arise for both contracting entities and tenderers:

  • Does a tender meet the minimum requirements?
  • Have the eligibility requirements been met?
  • When is it possible to supplement a bid?
  • What information from another tenderer’s bid is confidential?

 

Obviously, all of this calls for a bespoke approach. Whatever the case, we will be happy to suggest our ideas.

 

Area development

Croon lawyers offers advice on possible (PPS) forms of cooperation. We draw up development agreements and, where needed, guide the tendering of agreements for area development.